Research › Browse › Judgment

Allahabad High Court · body

1984 DIGILAW 463 (ALL)

Chandar v. Siddiqui

1984-07-11

B.D.AGRAWAL

body1984
JUDGMENT B.D. Agrawal, J. - This appeal is directed against an order of the Civil Judge, Jaunpur, dated May 17, 1973. 2. In O.S. No. 230 of 1946 decree was passed on May 30, 1947, The relief granted was permanent injunction. An application was made by the decree-holder to the effect that the judgment debtor had contravened the injunction granted under the decree and, therefore, there was breach within the meaning of Order XXI rule 32 C. P. C. The application was opposed from the other side, who put in objection under section 47 of the Code. It was denied that the judgment debtor had placed chhappar, pegs or cattle street on the land in dispute. The objection was dismissed by the executing Court on August 26, 1971. The appeal filed against that order was dismissed on May 17, 1973. 3. Upon material placed on the record it would appear that both the Courts below were of the view that the identity of the land in dispute was miserably established by the survey made on the spot. It was found also that the evidence on behalf of the decree holder indicated that there had been breach of injunction granted under the decree. The applicant was unable to establish that the impugned construction were besides the land in dispute or that they had been raised in conformity with the terms of the decree. The identity of the land having been found established and it also having been held that the impugned constructions were raised within the said land, the provisions of Order XXI Rule 32 C. P. C. were attracted The matter stands concluded by the findings of fact recorded in this behalf. The appeal consequently, is devoid of merits, and is dismissed, costs on parties.